HACKENSACK, NJ – Individuals arrested in Hackensack often face critical decisions in the first 24 to 48 hours that can shape the outcome of an entire case. Hackensack criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/hackensack/) has released guidance explaining what happens during a Hackensack arrest, the constitutional rights of the accused, and how New Jersey’s bail and detention system operates. Because Hackensack is the Bergen County seat, serious criminal matters can move quickly through the local court system, making early action essential.

According to Hackensack criminal defense attorney Adam M. Lustberg, an arrest may involve the Hackensack Police Department, the Bergen County Jail, the Bergen County Prosecutor’s Office, Hackensack Municipal Court, or Bergen County Superior Court. After booking, which includes fingerprinting, photographing, and the formal entry of charges, a criminal record begins. “Everything recorded during booking, including any statements made, becomes part of the case file,” Lustberg explains. “It is highly recommended that individuals exercise their right to remain silent and request an attorney.”

Hackensack criminal defense attorney Adam M. Lustberg notes that the type of complaint issued after arrest controls whether a person is released with a court date or held for a first appearance. Charges may be filed by complaint-summons, which generally results in release after processing, or complaint-warrant, which can result in a hold while Pretrial Services prepares a risk assessment. Under New Jersey’s pretrial release rules, the court generally must make a pretrial release decision within 48 hours after an eligible defendant is committed to jail.

Lustberg points out that a 2026 rule change allows prosecutors in firearm cases to request additional time for ballistic analysis before a release decision, though that extension cannot exceed seven days. He emphasizes the importance of understanding one’s rights from the moment of arrest. “Individuals have the right to remain silent and to request a lawyer before answering questions,” Lustberg advises. “Simply staying quiet isn’t always enough, so it is important to state those wishes clearly.”

Attorney Lustberg explains that New Jersey largely replaced cash bail with a risk-based pretrial system in 2017. Pretrial Services uses the Public Safety Assessment to estimate the risk of failing to appear and the risk of new criminal activity. The judge then considers that assessment, recommendations from Pretrial Services, and information from both sides before deciding whether to release the individual, impose conditions, set monetary bail, or detain the person pending a detention hearing. Certain serious charges under N.J.S.A. 2A:162-19 can lead the prosecutor to file a motion for pretrial detention.

Common criminal matters in Bergen County can include controlled substance possession, assault, theft, disorderly persons offenses, weapons charges, and driving while intoxicated, which is handled in municipal court as a Title 39 traffic offense. Lustberg notes that New Jersey does not use the terms “felony” or “misdemeanor.” Instead, the state classifies offenses as indictable crimes, graded from first through fourth degree with potential prison sentences exceeding six months, or disorderly persons offenses, which carry a maximum penalty of up to six months in county jail and do not require a grand jury.

New Jersey maintains strict gun laws, and Lustberg observes that a firearm arrest can lead to multiple weapons charges. Unlawful possession of a handgun without a valid carry permit under N.J.S.A. 2C:39-5 is a second-degree crime carrying 5 to 10 years in state prison. Many firearm charges can also trigger mandatory minimum sentences under the Graves Act, N.J.S.A. 2C:43-6, where the parole ineligibility period is one-half of the sentence imposed or 42 months, whichever is greater, with an 18-month minimum for certain fourth-degree offenses.

Lustberg highlights several costly mistakes that individuals should avoid after an arrest, including talking to police without an attorney, posting on social media, missing a court date, consenting to searches, and assuming charges will resolve on their own. “The most costly mistakes after a Hackensack arrest often happen before the first court appearance,” he notes. “Criminal charges in New Jersey do not resolve on their own, and ignoring them makes things worse.”

Lustberg Law Offices, LLC handles cases at every stage, from bail hearings and grand jury proceedings to pretrial motions and trial. The firm represents clients throughout Bergen County, including Teaneck, Paramus, Fort Lee, Englewood, Garfield, Bergenfield, Fair Lawn, Ridgewood, and Lodi. For most indictable crimes, the State presents evidence to a grand jury unless the defendant waives indictment, making early defense strategy an important consideration.

For those facing criminal charges in Hackensack or Bergen County, contacting an experienced criminal defense attorney early may help protect important rights and preserve available defense options. Prompt legal action is essential to safeguarding a person’s future following an arrest.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm led by attorney Adam M. Lustberg, who brings more than 20 years of experience representing clients throughout New Jersey. The firm handles matters ranging from disorderly persons offenses to serious indictable crimes, including weapons cases, and appears regularly in Bergen County Superior Court and Hackensack Municipal Court. The office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601. For consultations, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

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Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
Email: Send Email
Phone: (201) 880-5311
Address:1 University Plaza Dr #212
City: Hackensack
State: New Jersey 07601
Country: United States
Website: https://www.lustberglaw.com/

 

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